Articles and Blogs

The answer to that question now is YES, so long as that person is “qualified” for the job and the transfer isn’t an “undue hardship.” A significant change of course on competition for vacant positions as an ADA accommodation Reversing twelve years of decisions that allowed an employer to pick the best applicant for a... READ MORE

Unemployment compensation and “Just Cause” for discharge – a really good decision for Indiana employers Today, August 31, 2012, the Indiana Court of Appeals ruled in favor of an employer who had discharged an employee for poor performance.  The Indiana Department of Workforce Development had previously awarded the employee unemployment compensation because the employer had failed... READ MORE

Automatic meal period deductions – A common practice Some good news for employers.  In an important victory for employers, the U.S. Court of Appeals for the Sixth Circuit, in Frye v. Baptist Memorial Hospital, recently affirmed the decision of the Western District of Tennessee to decertify a collective action brought under the FLSA challenging... READ MORE

A common scenario – Extending health insurance coverage It is not uncommon for employers to provide continued health plan coverage for employees on non-FMLA leaves or in connection with severance packages.  However, those employers should be certain that the terms of their group health plan provide for such coverage, otherwise the employer could be... READ MORE

It is common for high level business executives, skilled professionals, physicians and other key employees to enter into employment contracts with their employers.  It is also common for these employment contracts to contain restrictive no-solicitation and no-compete provisions that prohibit these employees from competing with the employer in a defined territory and for a... READ MORE

Does this sound like a good and reasonable thing to say to an employee who has brought a complaint to your attention? “Please keep our discussions confidential while our investigation is ongoing.” Well, it may not be so good or reasonable according to the NLRB.  Employers faced with suspected employee misconduct have an obligation – in... READ MORE

Virtually all employers that have an Employee Handbook also have an acknowledgement of receipt of the Handbook.  It is very common in the acknowledgement for an employer to clearly spell out the fact that the employee is an “Employee-At-Will”.  Now this common employer practice is being challenged by the NLRB. Do Handbook Acknowledgements Violate the Law?... READ MORE

“Quickie Election Rule” – NLRB Loses Round 2 The NLRB has lost another round in the battle over its so-called “Quickie Election Rule.”  The federal court that on May 14, 2012 put a halt to the NLRB’s rule that would have speeded up union elections in the private sector (see our Employment Law News Article) rebuffed... READ MORE

Illegal Conduct at Work What is the right thing to do when you become aware that your employee has done something illegal at work?  Some employers may be reluctant to tell law enforcement authorities what their employee did out of fear of being sued for defamation by the employee.  A very recent case decided by... READ MORE

Pregnant Employee with 10 Pound Lifting Restriction – What to Do? Is it unlawful discrimination for an employer to place a pregnant part-time merchandise stocker with a 10-pound lifting restriction on an involuntary unpaid leave? In this recent case decided by the Seventh Circuit, the Court said “No“. . . there was no unlawful... READ MORE